Order No. 11333 of 2024: The Judge's Duty to Determine Part-Time Working Hours

The ruling No. 11333 of April 29, 2024, by the Court of Cassation has raised significant issues regarding part-time work, particularly concerning the omission of the temporal modalities of the work performance. This ruling provides a deep analysis of the current legislation and the role of the judge in ensuring the rights of workers, without undermining the autonomy of the parties involved.

The Regulatory Context

According to Legislative Decree No. 81 of 2015 and Legislative Decree No. 61 of 2000, it is stipulated that the employment contract must specify the temporal modalities in which the worker must perform their duties. In the event of omission, as established by the order, it is up to the judge to determine the modalities of the work performance. This rule also applies to shift part-time work contracts, highlighting the importance of ensuring clarity and certainty in employment relationships.

The Implications of the Ruling

The Court clarified that, in the case of omission, the judge has the duty to intervene to establish the work modalities, without this resulting in a violation of the negotiating autonomy. This means that, even in the presence of an employment contract that does not specify the hours, the judge can and must define the work modalities, thereby protecting the rights of the worker. It is essential for employers and the workers themselves to understand that negotiating autonomy cannot be used as an excuse to evade regulatory obligations.

Part-time - Art. 10, paragraph 2, Legislative Decree No. 81 of 2015 and Art. 8, paragraph 2, Legislative Decree No. 61 of 2000 - Omission of the indication of the temporal modalities of the work performance - Duty of the judge to determine them - Applicability also for shift part-time work - Violation of negotiating autonomy - Non-existence. In the matter of part-time work, the duty of the judge to determine, pursuant to Art. 10, paragraph 2, Legislative Decree No. 81 of 2015 and pursuant to Art. 8, paragraph 2, Legislative Decree No. 61 of 2000, the temporal modalities of work performance, in case of omission in the employment contract of the temporal placement of the hours, also applies in the case of failure to precisely indicate the placement of work shifts, without this resulting in any violation of negotiating autonomy.

Conclusions

In conclusion, order No. 11333 of 2024 represents a significant step in the protection of part-time workers' rights, reaffirming the judge's responsibility in ensuring that employment contracts comply with current regulations. It is crucial for companies to pay attention to these aspects to avoid disputes and ensure a fair and transparent working environment. Clarity in employment contracts not only protects workers but also contributes to establishing a climate of trust and collaboration within organizations.

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